TALLAHASSEE, Fla. – Florida Gov. Ron DeSantis received another batch of 27 bills on Tuesday, covering issues like homeowners’ associations, flood disclosures on home sales, and surrendered infants.
He has until June 5 to act on these bills.
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According to the Legislative Analyses, these bills would do the following:
HB 59 — HOA Rules and Covenants
House Bill 59 aims to change some of the rules surrounding homeowners’ associations.
Specifically, the bill would require HOAs to provide a physical or digital copy of their rules and covenants to each of its members by Oct. 1 — as well as to all new members going forward.
In addition, the bill would require HOAs to provide an updated copy of its rules to its members whenever they are updated.
If approved, the bill would go into effect on July 1.
HB 141 — Economic Development
House Bill 141 aims to eliminate several requirements related to the Regional Rural Development Grants Program.
That program is meant to help rural communities use their resources to attract new businesses into their areas.
Under HB 141, the following changes would take place:
- Removes requirements for grant funds received by a regional development organization to be matched each year by nonstate resources in an amount of 25% of state contributions
- Removes the requirement for local governments and private businesses to make financial or in-kind commitments to the regional organization
- Removes the requirement that the Florida Department of Commerce consider the demonstrated need of the applicant for assistance when approving participants for the program
If approved, the bill would go into effect on July 1.
HB 149 — Continuing Contracts
House Bill 149 aims to increase the limit for continuing contracts covered by the Consultants’ Competitive Negotiation Act (CCNA).
The CCNA was passed in 1973, and it requires state and local governments to procure services from professionals like architects and engineers on the basis of qualifications rather than price.
In addition, the CCNA doesn’t prohibit continuing contracts, which are contracts where a hired firm provides services on several projects.
HB 149 would up the maximum threshold for continuing contracts under the CCNA from an estimated per-project construction cost of $4 million to $7.5 million (plus an annual increase based on the CPI).
If approved, the bill would go into effect on July 1.
HB 293 — Hurricane Protections for HOAs
House Bill 293 aims to improve hurricane protections for homeowners’ associations.
Under this bill, HOAs would have to adopt hurricane protection specifications for each structure governed by the HOA. Those specifications can include factors like the color and style of hurricane protection products.
Additionally, HOAs would be prohibited from denying applications to install or replace hurricane protection by a parcel owner — just so long as it conforms with the HOA’s adopted specifications.
According to the Legislative analysis, “hurricane protection” includes roof systems; permanent fixed or roll-down track storm shutters; impact-resistant windows and doors; polycarbonate panels; reinforced garage doors; erosion controls; exterior fixed generators; and fuel storage tanks.
If approved, the bill would go into effect upon becoming law.
HB 385 — Safe Exchange of Children
House Bill 385 aims to set rules for parents of a common child.
Specifically, the bill would require each sheriff to designate at least one parking lot for parents of a common child to safely exchange the child.
These parking lots would have to include a purple light or signage and have a camera surveillance system to improve security.
If approved, the bill would go into effect on July 1.
HB 481 — HVAC System Regulations
House Bill 481 deals with construction regulations involving HVAC systems.
The bill would expand the scope of work for certain HVAC system contractors to include specified line-side repairs or replacements, as well as the repair/replacement of specific components for HVAC circuits.
In addition, HB 481 would prohibit an HVAC system warranty from being conditioned on product registration. Instead, the full length of such a warrant’s coverage term would begin on the date a contractor installed the system.
If approved, the bill would go into effect on July 1.
HB 535 — Low-Voltage Electric Fences
House Bill 535 aims to clarify rules surrounding low-voltage electric fences.
Specifically, the bill would clarify that a nonelectric fence or wall must only be completely enclosed on the outside perimeter of a low-voltage electric fence, but it doesn’t have to be completely enclosed on both sides.
In addition, the bill would require a low-voltage electric fence to be 2 feet higher than the perimeter nonelectric fence or wall.
Beyond that, the bill seeks to make local governments allow low-voltage electric fences in areas not exclusively zoned for single- or multi-family residential use.
If approved, the bill would go into effect on July 1.
HB 705 — Public Works Projects
House Bill 705 aims to amend the definition of “public works project” under state law.
Current law prohibits the state or political subdivisions that contract for a public works project using state funds from imposing certain requirements on contractors for these projects.
Under HB 705, the definition would include all projects paid for with local funds as well as state-appropriated funds. The bill also seeks to clarify that the definition doesn’t include goods, services or work that are incidental to these projects.
If approved, the bill would go into effect on July 1.
HB 775 — Surrendered Infants
House Bill 775 increases the age at which an infant may be surrendered.
Florida’s “Safe Haven Law” allows parents who are either unwilling or unable to care for their newborn infants — up to 7 days old — to surrender them at hospitals, fire stations and EMS stations.
However, HB 775 would up the age limit from 7 days old to 30 days old.
In addition, the bill would let parents leave their infant with hospital medical staff after the child has been delivered. To do so, parents would have to notify staff that they are voluntarily surrendering the child.
HB 775 would also let a parent call 911 and request to meet with an EMS provider so that the parent can surrender the infant.
If approved, the bill would go into effect on July 1.
HB 855 — Dental Services
House Bill 855 aims to revise dentistry standards in Florida.
Specifically, the bill would establish requirements for dentists to provide patients with the following information:
- Dentist’s name
- Contact telephone number
- After-hour contact information for emergencies
- License information
In addition, the bill would require dentists to perform an in-person examination on a patient (or review records from an in-person exam from the last 12 months) before making an initial diagnosis and correction for malpositioned teeth or the use of an orthodontic appliance. This requirement only affects dentists who providing services via telehealth.
If approved, the bill would go into effect on July 1.
HB 1049 — Flood Disclosures
House Bill 1049 aims to require residential property sellers to provide a flood disclosure to a buyer.
This disclosure would have to be provided by the time the sales contract is executed, and it would need to have the following details:
- The form’s title must be labeled “FLOOD DISCLOSURE.”
- A flood insurance policy disclaimer must be provided stating, “Flood Insurance: Homeowners’ insurance policies do not include coverage for damage resulting from floods. Buyer is encouraged to discuss the need to purchase separate flood insurance coverage with Buyer’s insurance agent.”
- The seller must state whether he or she has filed a claim with an insurance provider relating to flood damage on the property.
- The seller must state whether he or she has received federal assistance for flood damage to the property.
If approved, the bill would go into effect on Oct. 1.
HB 1093 — FUFIPA
House Bill 1093 aims to codify the Florida Uniform Fiduciary Income and Principal Act (FUFIPA) into law.
The act would replace the Florida Uniform Principal and Income Act (FUPIA), which governs the allocation of trust and estate receipts and disbursement between principal and interest when a Florida trust doesn’t provide its own terms for such allocation.
According to Legislative analysts, the changes would modernize the state’s trust law, allowing for total-return investing under the modern portfolio theory.
In addition, FUFIPA would allow an existing trust to be converted into a unitrust, and provide flexibility for more individualized estate planning.
If approved, the bill would go into effect on Jan. 1, 2025.
HB 1161 — Homestead Exemptions
House Bill 1161 would require the Florida Department of Revenue to provide a form for county property appraisers to use to verify the eligibility of a veteran or surviving spouse who believes they qualify for an exemption under state statutes when purchasing a homestead property.
This form would only be allowed to be issued if the person involved provides the documentation necessary to qualify for the exemption.
If approved, the bill would go into effect on July 1.
HB 1203 — Homeowners’ Associations
House Bill 1203 aims to make several changes involving homeowners’ associations in the state.
These changes include:
- An HOA with 100 or more parcels must post certain official records on the HOA’s website by Jan. 1, 2025.
- Community Association Managers and HOA directors must satisfy educational requirements.
- HOAs may not limit the interior of a home when that space can’t be viewed from the front of the property, an adjacent property, an adjacent common area or a community golf course.
- HOAs may not require the review and approval of plans for a central A/C, refrigeration, heating or ventilation system by the HOA if such system is not visible from the front of the property, an adjacent property, an adjacent common area or a community golf course.
- HOAs may not prevent a homeowner from installing vegetable gardens if they aren’t visible from the front of the property, an adjacent property, an adjacent common area or a community golf course.
- HOA officers, directors or managers could face criminal penalties for accepting a kickback.
If approved, the bill would go into effect on July 1.
HB 1259 — Cardiovascular Services
House Bill 1259 aims to amend license requirements for Level I Adult Cardiovascular Service (ACS) programs.
More specifically, the bill allows these programs to perform adult percutaneous cardiac intervention for the treatment of chronic total occlusions, as well as use atherectomy devices or electrophysiology when performing this procedure.
If approved, the bill would go into effect on July 1.
HB 1363 — Traffic Enforcement
House Bill 1363 would add requirements to the state statutes, which authorizes red light cameras.
If passed, the bill would require county governments to pass an ordinance to authorize the installation of traffic infraction detectors after July 1, 2025 (so long as they’re in an area where no such detectors are already installed).
Counties using these detectors would also have to annually report the results of all traffic infraction detectors at a public meeting.
If approved, the bill would go into effect on July 1.
HB 7009 — Baker Act Record Exemptions
House Bill 7009 involves the Open Government Sunset Review Act.
This act requires the state Legislature to review each public record exemption five years after enactment, though if the Legislature doesn’t reenact the exemption, it automatically repeals on Oct. 2 of the fifth year after enactment.
In this case, the Florida Mental Health Act — also known as the Baker Act — has public record exemptions for confidential admissions regarding mental health treatments under the Baker Act. However, these exemptions are set to be repealed on Oct. 2.
As a result, HB 7009 seeks to prevent these public record exemptions from being repealed.
If approved, the bill would go into effect on Oct. 1.
HB 7085 — Sickle Cell Disease
House Bill 7085 aims to create the Sickle Cell Disease Research and Treatment Grant Program within the Florida Department of Health.
Under this program, FDOH officials would award grants to community-based sickle cell disease research and treatment centers.
If approved, the bill would go into effect on July 1.
SB 556 — Protection from Financial Exploitation
Senate Bill 556 aims to provide more protections for specified adults ages 65 years and older, as well as vulnerable adults who might be victims of financial exploitation.
Under this bill, financial institutions could delay disbursements or transactions of funds from an account of a specified or vulnerable adult under the following conditions:
- There is a reasonable belief that financial exploitation of the specified adult is at play.
- The financial institution provides written notice to all parties authorized to transact business on the account (as well as trusted contacts) within three business days after the delay was first placed.
- A state-chartered financial institution notifies the Office of Financial Regulation of the delay within three business days after the delay was first placed.
- The financial institution must start an internal review of the facts that caused the employee to believe that financial exploitation was at play.
Any such delay in a disbursement/transaction would expire in 15 business days, though it may be extended for an additional 30 business days.
If approved, the bill would go into effect on Jan. 1, 2025.
SB 644 — Rural Emergency Hospitals
Senate Bill 644 aims to establish a new hospital designation type: “Rural Emergency Hospital.”
Under this bill, rural hospitals licensed in FY2010-2011 or FY2011-2012 would have their licensure expiration date moved from June 30, 2025 to June 30, 2031.
If approved, the bill would go into effect on July 1.
SB 808 — Treatment by a Medical Specialist
Senate Bill 808 aims to amend state statutes regarding first responders.
The bill would allow firefighters, law enforcement officers, correctional officers and probation officers to receive medical treatment for a compensable presumptive condition by his or her selected medical specialist.
Treatment by a medical specialist under this bill would be reimbursed at no more than 200% of the Medicare rate for a selected medical specialist.
If approved, the bill would go into effect on Oct. 1.
SB 812 — Residential Building Permits
Senate Bill 812 would require certain local governments to create a process to expedite building permits based on a preliminary plat under specific circumstances by Oct. 1.
In addition, local governments would have to update their expedited building permit program with certain increased percentages by Dec. 31, 2027.
If approved, the bill would go into effect upon becoming law.
SB 938 — Dentistry
Senate Bill 938 aims to remove the state’s Board of Dentistry (BOD) and Department of Health from the dental examination administration process.
Specifically, the bill would revise the dental licensure requirements by:
- Deleting language that requires dental students who have completed the necessary coursework to prepare for the ADEX to wait until their final year of dental school to apply for licensure
- Deleting the National Board of Dental Examiners’ dental exam as obsolete, and replacing it with the exam administered by the Joint Commission on National Dental Examinations
- Deleting an alternate pathway to dental licensure by having an active Florida health access dental license and meeting certain practice requirements
- Allowing anyone who fails the licensure examination as a dentist or dental hygienist to retake the examination.
If approved, the bill would go into effect on July 1.
SB 1142 — Occupational Licensing
Senate Bill 1142 aims to amend state statutes regarding the registration of specialty contractors.
The bill would allow contractors in good standing who have been registered with a local jurisdiction in 2021, 2022, or 2023 to qualify for a registration when the jurisdiction has determined not to continue issuing local licenses or exercising disciplinary oversight of such licensees.
If approved, the bill would go into effect on July 1.
SB 1350 — Salvage
Senate Bill 1350 involves the salvage of motor vehicles, mobile homes and boats.
Specifically, the bill would:
- Incorporate vessels into the definition of “independent entity” for incorporating vessels into the salvage certificate of title statute
- Define “major component parts” of electric, hybrid and plug-in hybrid vehicles for verifying the source of these parts during the rebuilt inspection process
- Require that if the owner maintains possession of a total-loss vehicle or mobile home, that owner or insurance company notify the Department of Highway Safety and Motor Vehicles to receive a salvage certificate of title or a certificate of destruction
- Incorporate damaged or dismantled “vessel” to the salvage statute and provide procedures for the release and application for titling by an independent entity in possession of the vessel
- Reenact statutes related to the sale of specified motor vehicles and the rebuilt motor vehicle inspection program to incorporate changes to the definition of “major component parts”
If approved, the bill would go into effect on July 1.
SB 1456 — Areas of Critical State Concern
Senate Bill 1456 aims to make changes to state law regarding the Florida Keys as “Areas of Critical State Concern.”
The Florida Keys were dubbed as such in 1975, including the areas of Islamorada, Marathon, Layton, Key Colony Beach, and unincorporated Monroe County.
Under this bill, hurricane evacuation clearance time criteria would be revised, and land authorities would be authorized to require compliance with income limitations on land conveyed for affordable housing by memorializing the original land authority funding or contribution in a recordable perpetual deed restriction.
The bill also exempts counties and municipalities in areas of critical state concern within the past five years from having to provide assistance to very-low-income and low-income persons. This is for such places where the state Legislature has already declared an intent to provide affordable housing, and it would make it so that these local governments would not have to pay from their local housing assistance trust funds.
Lastly, a county that has been designated as an “Area of Critical State Concern” and that levies a tourist development tax and tourist impact tax would be allowed to use the accumulated surplus from those taxes (incurred through Sept. 30) for affordable housing.
If approved, the bill would take effect on July 1.
SB 7054 — Private Activity Bonds
Senate Bill 7054 aims to revise state statutes regarding private activity bonds.
These types of bonds are issued by state or local governments and used to give special benefits to firms that are undertaking certain kinds of projects — typically those in the public’s interest.
Among minor changes, this bill would:
- Provide Legislative intent to maximize the annual use of private activity bonds to finance improvements, projects and programs serving public purposes
- Revise the regions, pools and timelines related to bond allocations to consolidate infrequently-used pools and expedite usage of bonds
- Allow for all volume cap allocated in a confirmation to be entitled to be carried forward, rather than limiting to specific types of projects or basing it on the amount of the confirmation
If approved, the bill would take effect on Jan. 1, 2025.
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